Federal Register / Vol. 63, No. 19 /Thursday, January 29, 1998 /Rules and Regulations 4393

bearing extending from the 7-mile radius to

7.9 miles southeast of the Powell NDB; that

airspace extending upward from 1,200 feet

above the surface beginning at lat. 45°22′00′′

N, long. 108°55′03′′ W; to lat. 45°22′00′′ N,

long. 108°11′02′′ W; to lat. 44°15′15′′ N, long.

108°11′02′′ W, thence southwestward along

the edge of the Worland, WY, 1,200-foot

Class E airspace area to lat. 44°00′00′′ N, long.

108°24′43′′ W; west to lat. 44°00′00′′ N, long.

109°00′00′′ W; north to lat. 44°20′00′′ N, long.

109°00′00′′ W; thence west along lat.

44°20′00′′ N, to the east side of V–465, thence

northeast along the east side of V–465 to the

point of beginning.

* * * * *

Issued in Seattle, Washington, on

December 23, 1997.

Glenn A. Adams III,

Assistant Manager, Air Traffic Division,

Northwest Mountain Region.

[FR Doc. 98–2229 Filed 1–28–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 42

[Public Notice 2664]

Visas: Issuance of New or

Replacement Immigrant Visas

AGENCY: Bureau of Consular Affairs,

DOS.

ACTION: Final rule.

SUMMARY: This rule amends the

Department’s regulations to comply

with a change in the Immigration and

Nationality Act (INA) that requires the

Department to factor the number of

immigrant visas issued to immediate

relatives into the annual worldwide

limitation on immigration.

EFFECTIVE DATE: January 29, 1998.

FOR FURTHER INFORMATION CONTACT: Pam

Chavez, Legislation and Regulations

Division, Visa Services, Department of

State, Room L6–21, SA–1, Washington,

DC 20520–0106. Phone: (202) 663–1203.

SUPPLEMENTARY INFORMATION: On

November 29, 1990, the President

signed the Immigration Act of 1990

(IMMACT 90) which, among other

things, amended by including the

number of aliens granted immediate

relative status into the calculation for

determining the annual family

preference limitation. Before IMMACT

90 (Pub. L. 101–649) the number of

immediate relative visas issued to the

spouses, minor children and parents of

U.S. citizens was not a factor in

determining the overall annual

numerical limitation for worldwide

immigration.

IMMACT 90 amended the INA by

requiring the Department to deduct the

number of immediate relatives granted

permanent resident status in the United

States during the previous fiscal year

from the worldwide 480,000 annual

limit for the current fiscal year, but

limited the annual family preference

limit to no less than 226,000. To avoid

double-counting the number of visas

issued to immediate relatives who, for

reasons beyond their control, are unable

to use their original immigrant visas,

consular offices will now issue

replacement visas rather than new visas.

The Department is amending its

regulations at 22 CFR 42.74 accordingly.

Final Rule

The Department has determined that

there is good cause for this rule to be

exempt from notice comment

requirements under 5 U.S.C.

553(b)(3)(A) because Public Law 101–

649 requires that the number of aliens

granted immediate relative status be

included in the calculation of the

annual family preference limitation and

the use of replacement visas rather than

new visas is simply an administrative

mechanism to avoid double counting.

Notice and public comment thereon are

therefore unnecessary.

Regulatory Flexibility Act

The Regulatory Flexibility Act of

1980, as amended in 1996 (5 U.S.C.

Chapter 6), requires the Federal

Government to anticipate and minimize

the impact of rules and paperwork

requirements on small entities. Such

entities are defined as small businesses

(those with fewer than 500 employees),

small non-profit organizations (those

with fewer that 500 employees), and

small governmental entities (those in

areas with fewer than 50,000 residents).

The Department has assessed the

potential impact of the Rule and the

Assistant Secretary for Consular Affairs

by approving it certifies that it will not

have a significant economic effect on a

substantial number of small entities. It

imposes no requirements on such

entities.

In addition, pursuant to the Small

Business Regulatory Fairness Act (5

U.S.C. Chapter 8), the Department has

screened the Rule and determined that

it is not a ‘‘major rule’’, as defined in 5

U.S.C. 804(2). It will not result in an

annual effect on the economy of

$100,000 or more; a major increase in

cost or prices; or significant adverse

effects on competition, employment,

investment, productivity, innovation, or

on the ability of U.S.-based companies

in domestic and export markets.

Paperwork Reduction Act

No new information requirements are

contained in this final rule.

Executive Orders 12866 and 12988

This rule is exempt from Executive

Order 12866 but has been reviewed

internally by the Department to ensure

consistency with the objectives thereof.

This rule also has been reviewed as

required by Executive Order 12988 and

determined to be in compliance

therewith.

Executive Order 12612

This rule will not have substantial

direct effect on the States, on the

relationship between the national

government and the States, or on

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Unfunded Mandates Reform Act of 1995

This rule will not result in the

expenditure by state, local and tribal

governments, in the aggregate, or by the

private sector, of $100,000,000 or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1501 et seq.) and

Executive Order 12875.

List of Subjects in 22 CFR Part 42

Aliens, Immigrants, Visas and

passports.

In view of the foregoing 22 CFR is

amended as follows:

PART 42—[AMENDED]

1. The authority citation for part 42

continues to read:

Authority: 8 U.S.C. 1104.

2. 22 CFR 42.74 is amended by

revising paragraph (a) and (b) to read as

follows:

§ 42.74 Issuance of new or replacement

visas.

(a) New immigrant visa for a special

immigrant under INA 101(a)(27)(A) and

(B).

(1) The consular officer may issue a

new immigrant visa to a qualified alien

entitled to status under INA

101(a)(27)(A) or (B), who establishes:

(i) That the original visa has been lost,

mutilated or has expired, or

(ii) The alien will be unable to use it

during the period of its validity;
4394 Federal Register / Vol. 63, No. 19 /Thursday, January 29, 1998 /Rules and Regulations

(2) Provided:

(i) The alien pays anew the statutory

application and issuance fees; and

(ii) The consular officer ascertains

whether the original issuing office

knows of any reason why a new visa

should not be issued.

(b) Replacement immigrant visa for an

immediate relative or for an alien

subject to numerical limitation.

(1) A consular officer may issue a

replacement visa under the original

number of a qualified alien entitled to

status under INA 201(b)(2)(A)(i), INA

203(a), (b), or (c), or under INA 124, if—

(i) The alien is unable to use the visa

during the period of its validity due to

reasons beyond the alien’s control;

(ii) The visa is issued during the same

fiscal year in which the original visa

was issued;

(iii) The number has not be returned

to the Department as a ‘‘recaptured visa

number’’;

(iv) The alien pays anew the statutory

application and issuance fees; and

(v) The consular officer ascertain

whether the original issuing office of

knows of any reason why a new visa

should not be issued.

(2) In issuing a visa under this

paragraph (b), the consular officer shall

insert the word ‘‘REPLACE’’ on Form

OF–155A, Immigrant Visa and Alien

Registration, before the word

‘‘IMMIGRANT’’ in the title of the visa.

* * * * *

Dated: December 17, 1997.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 98–1780 Filed 1–28–98; 8:45 am]

BILLING CODE 4710–06–M

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 42

[Public Notice 2715]

Visas: Immigrant Religious Workers

AGENCY: Bureau of Consular Affairs,

DOS.

ACTION: Final rule.

SUMMARY: The Immigration Act of 1990

created a new special immigrant visa

classification for religious workers who

have 2 years of membership in a

religious denomination; two years of

experience in a religious occupation or

vocation and who intend to continue to

work in such occupation or vocation.

The legislation, as originally enacted,

required religious workers (other than

ministers) to seek entry into the United

States before October 1, 1994.

On October 25, 1994 in the

Immigration and Nationality Technical

Corrections Act of 1994 the deadline

was extended to allow religious workers

to enter the United States ‘‘before

October 1, 1997’’.

The Religious Workers Act of 1997

enacted on October 6, 1997 further

extended the deadline to ‘‘before

October 1, 2000’’. Thus, this final rule

amends the previously published

regulation and extends the allowable

validity date of immigration visas for

aliens seeking to enter the United States

as special immigrant religious workers

to not later than September 30, 2000.

EFFECTIVE DATE: January 29, 1998.

FOR FURTHER INFORMATION CONTACT:

Pam Chavez, Legislation and

Regulations Division, Visa Services,

(202) 663–1206.

SUPPLEMENTARY INFORMATION:

Immigration Act of 1990

Section 151 of the Immigration Act of

1990 (IMMACT 90), Public Law 101–

649, amended INA 101(a)(27)(C) by

adding a new category of special

immigrant visas for aliens who will

work in a religious occupation or

vocation for a religious organization in

a professional or other capacity. Unlike

the provision for special immigrant

ministers of religion, which does not

contain a sunset provision, the

provisions for religious workers (as

defined under INA 101(a)(27)(C)(ii)(II)

and (III)), as originally enacted, required

religious workers to seek to enter the

United States before October 1, 1994.

Immigration and Nationality Technical

Corrections Act of 1994

On October 25, 1994, sec. 214 of the

Immigration and Nationality Technical

Corrections Act of 1994 (Pub. L. 103–

416) amended INA 101(a)(27)(C)(ii) to

extend the sunset date to before October

1, 1997.

Religious Workers Act of 1997

Sec. 1 of the Religious Workers Act of

1997, Public Law 105–54, enacted

October 6, 1997 further extended the

deadline for special immigrant religious

workers to enter the United States until

before October 1, 2000. This final rule

implements this section by revising

42.32(d)(1)(ii) to extend the visa validity

date to not later than September 30,

2000.

Final Rule

This rule is not expected to have a

significant impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

This rule imposes no reporting or

recordkeeping action from the public

requiring the approval of the Office of

Management and Budget under the

Paperwork Reduction Act requirements.

This rule has been reviewed as required

by E.O. 12778 and certified to be in

compliance therewith. This rule is

exempted from E.O. 12866 but has been

coordinated with INS and reviewed to

ensure consistency therewith.

List of Subjects in 22 CFR Part 42

Aliens, Immigration, Passports and

visas.

In view of the foregoing 22 CFR

Chapter I is amended as follows:

PART 42—[AMENDED]

1. The authority citation for Part 42 is

revised to read:

Authority: 8 U.S.C. 1104.

2. Section 42.32 is amended by

revising paragraph (d)(1)(ii) to read as

follows:

§ 42.32 Employment based preference

immigrants.

* * * * *

(d) Fourth preference—Special

immigrants—(1) Religious workers.

* * *

(ii) Timeliness of application. An

immigrant visa issued under INA

203(b)(4) to an alien described in INA

101(a)(27)(C), other than a minister of

religion, who qualifies as a ‘‘religious

worker’’ as defined in 8 CFR 204.5 shall

bear the usual validity except that in no

case shall it be valid later than

September 30, 2000.

* * * * *

Dated: January 12, 1998.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 98–1779 Filed 1–28–98; 8:45 am]

BILLING CODE 4710–06–M

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8763]

RIN 1545–AU06

Modifications of Bad Debts and Dealer

Assignments of Notional Principal

Contracts

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Final and temporary

regulations.

SUMMARY: This document contains

regulations that deem a charge-off and